REQUEST FOR PROPOSAL - CONSULTING SERVICES

RFP NO. CRA2020-R-006

PROJECT: W A S T E W A T E R L A G O O N S

1. INVITATION

This document constitutes an invitation to suitably experienced and qualified consultants to

submit a proposal to the City of Cranbrook for provision of professional services necessary to
the tasks described herein.

The Request for Proposals are made up of two (2) Parts:

Part 1 – Design Services

Part 2 – Contract Administration and Field Inspection Services

Each Part will be reviewed and considered independently, with the City reserving its right to
award one or both Parts to the Proponent it deems most advantageous.
For the purpose of submission and evaluation, Proposals shall be submitted assuming the
Proponent will be awarded both Part 1 and Part 2. The City recognizes all logistics associated
with independent award of Part 1 and Part 2.

Proposals Marked:

REQUEST FOR PROPOSAL – CONSULTING SERVICES

WASTE WATER LAGOONS

Must be submitted to:

ATTN: CURTIS PENSON, P.Eng.

CITY OF CRANBROOK
PUBLIC WORKS
201 COBHAM AVENUE
CRANBROOK, BC
V1C 4G4

By the following Closing Time:

APRIL 29, 2020

2:00PM LOCAL TIME

Proposals shall be enclosed in a sealed envelope.

Request for Proposal documents are available on-line at BC Bid at www.bcbid.gov.bc.ca.

2. PROPOSALS

Three copies of each Proposal are requested, plus a digital copy on a USB flash drive.

Proposals received after the Proposal Closing Time will not be accepted, and will be returned
unopened.

Faxed or emailed submissions will not be accepted.

Proposals, both Part 1 and Part 2, must be irrevocable and open for acceptance by the City for a
period of 60 days after the Proposal Closing Time even if another Proposal is accepted by the
City.

The City of Cranbrook reserves the rights to accept or reject any or all Proposals and to waive
any informality in the Proposals received, in each case without giving any notice. The City of
Cranbrook reserves the right to accept the Proposal which it deems most advantageous.

3. CERTIFICATION DOCUMENT

A completed Certification Document must be included with the Proposal (see SCHEDULE A).
The Certification Document must be signed by the person(s) authorized to sign on behalf of the
Proponent and to bind the Proponent to statements made in the RFP.

4. ENQUIRIES OR OMISSIONS

If the Proponent finds any discrepancies in or omissions from the Proposal Specifications or
has any doubt as to the meaning or intent of any part thereof, the Proponent shall inform the
City in writing.

All enquiries during the Proposal Period regarding this project should be directed to the
Manager of Engineering and Field Services via email to [email protected].

Information obtained from any other source is not official and should not be relied upon.

Only items deemed critical to the overall nature and understanding of this RFP will be clarified
by the City by issuing an addendum.

5. PROPONENT SELECTION

Proposals will be evaluated using the Score Card attached to this document (see SCHEDULE B).

In addition to the requirements indicated in this Request for Proposal, the proponent may
include additional information that will express its ability to undertake the specific Scope of
Work for this specific Project.

6. AGREEMENT AND CONTRACT

This RFP is not an agreement to purchase goods or services. The City is not bound to enter into a
Contract with any Proponent. Notice in writing to a Proponent that it has been identified as a
 successful Proponent will not constitute a Contract. Only if a Proponent and the City enter into a
subsequent full written Contract will a Proponent acquire any legal or equitable rights or
privileges relative to the goods or services.

Any Contract with the selected Proponent will be in accordance to the Terms and Conditions of
the City of Cranbrook Agreement for Professional Consulting Services (see SCHEDULE D).

As noted in the draft Agreement, the term may be extended by up to one year.

7. BACKGROUND

The City of Cranbrook, population approximately 20,000, is located in the southeastern corner
of British Columbia in the East Kootenay Regional District. The City’s waste water collection,
storage, treatment and disposal system is located approximately at the northeast boundary of
Cranbrook and 20km east of Cranbrook. The sewage lagoons are bound to the east by Highway
95A, to the west by Joseph Creek (which drains north towards St Mary’s River), and beyond the
creek channel by private agricultural lands.

Wastewater is gravity fed to the lagoon headworks, where it is coarse screened and the majority
of the large solids and debris from the untreated wastewater is removed. After screening, the
effluent is directed into Cell 1 (with an area of 4.3 ha and a depth of 1.5 m, maximum volume of
45,600 m3). The effluent from Cell 1 flows into Cell 2 (which has an area of 3.8ha and a depth of
1.5 m with a maximum volume of 45,600 m3), and then into Cell 3 (which has an area of 2.8 ha
and a depth of 1.5m, with a volume of 33,600m3). Flow control valves are situated in distribution
boxes located up-gradient of each cell, with controlled discharging flow down-gradient near the
center of each adjoining cell base. The operating cell level is controlled by a series of
interconnecting structures located down-gradient of each cell. Each flow control structure
contains vertical stop logs and a connecting discharge pipe directs flow into the next adjacent cell
or receiving structure. The Cell 3 outlet structure to Joseph Creek was replaced by an inlet
structure to the waste water pumphouse and transfer pipeline, as part of the waste water system
upgrades in the 1970s.

The aeration of the lagoon cells is supplied by three 200 hp blowers installed in a building
adjacent to the lagoons. Each pond has a network of aeration piping placed at regular intervals
across each pond surface. The aeration system is cable anchored around each pond perimeter
and controlled to maintain the position of each aeration piping at pond surface to enable
injection of compressed air into the ponded effluent to aid the control of air pollution from each
cell. The wastewater is then pumped from the lagoons to one of two aerated storage ponds at the
Spray Irrigation site by a 9km transfer pipeline. Wastewater from the aerated storage ponds is
pumped to an ultraviolet disinfection treatment station (UV pumphouse), and once treated, is
pumped to multiple spray irrigation fields or to Pond 3.

The Lagoon Cells 1, 2 & 3 were last desludged in summer 2011, and generated 3,000 dry tonnes
(10,345 wet tonnes) of sludge. This sludge met Organic Matter Recycling Regulation (OMRR)
Class B standards for pathogens and trace metals, and was later applied as a fertilizer and soil
conditioner to a portion of the City’s Spray Irrigation site that was used for an annual crop of
barley and subsequent perennial forage stand. De-sludging of the three lagoon cells requires
completion (see Section 8A Project Description – De-Sludging of Lagoon Cells 1, 2 & 3).
 A sanitary trunk sewer exists beneath the sewage lagoons, and may have experienced damage or
loss of pipeline integrity during normal operating conditions. This sanitary trunk sewer requires
removal, and will need to be replaced with new diversion piping (see Section 8B Project
Description – Lagoon Cell Diversion Piping).

The City’s wastewater system is operated under the provisions of the BC Environmental
Management Act Permit 4148, that was amended in 2017. The amendments of this permit
require the City’s lagoon cell design freeboard of 0.6 meters be increased to a minimum of 1.0
meters. In 2018, a geotechnical assessment was completed for the lagoon dykes, and noted the
dykes are stable, but that upgrades should be completed in the future. The original dyke design
was comprised of conventional earthfill embankment structures. In 2018, drilling was completed
at various locations on the dyke to confirm the dyke composition. Fills, topsoil, native deposits of
fine-grained soils and native deposits of granular soils were encountered in the boreholes.
Detailed soil logs, along with the Atterberg Limits and Grain Size Analysis will be provided by the
City. A tension crack about 20 meters in length, and less than 25mm wide has been observed
near the north edge of the berm between cells 2 and 3, otherwise, there are no indications of
berm instability. In addition to this dyke upgrade, the lagoon dykes require slope regrading, and
the dyke along Joseph Creek requires increased armoring and regrading due to scour erosion
caused by surface water runoff (see Section 8C Project Description - Lagoon Regrading & Dyke
Upgrade (Slope Regrading; Increasing the Lagoon Freeboard; Armoring)).

The City is retaining a consulting firm to provide services to complete the Design and the delivery
of the Contract Administration and Field Inspection Services for the:
A. De-Sludging of Lagoon Cells 1, 2 & 3;
B. Lagoon Cell Diversion Piping; and
C. Lagoon Regrading & Dyke Upgrade (Slope Regrading; Increasing the Lagoon Freeboard;
Armoring)

8. PROJECT DESCRIPTION

A. De-Sludging of Lagoon Cells 1, 2 & 3

The City is retaining a consulting firm for the Design and Contract Administration & Field
Inspection Services for the removal of sludge from Lagoon Cells 1, 2 & 3. The volume of
sludge is currently unknown. The last sludge removal occurred in 2011, at which time,
3,000 dry tonnes (10,345 wet tonnes) was removed. De-sludging will require the
performance of a sludge survey, removal, dewatering, transportation, and unloading of the
solid to a City storage location.

The consulting firm will be required to (as specified in more detail below in Part 1 – Design
Services and Part 2 – Contract Administration & Field Inspection Services);
• Perform a sludge survey and develop the desludging and dewatering project in
accordance with the sludge survey report and dewatering technology specifications;
• Prepare the tender and contract that meets Master Municipal Construction
Documents – General Conditions, Specifications and Standard Detail Drawings
Platinum Edition (not provided by City);
• Administer the contract and complete the field inspections; and
• Work with the City’s Consulting Agrologist to ensure all removed sludge meets the
 OMRR Class B standards for pathogens and trace metals prior to transport.

The completion of the Biosolids Land Application Plan and the application of the biosolid is
not part of this request for proposal.

B. Lagoon Cell Diversion Piping

The City is retaining a consulting firm for the Design and Contract Administration & Field
Inspection Services for the lagoon cell diversion piping.

The City’s current cell piping is not functioning properly, and it is recommended that new
piping be installed to function as a diversion between and around the lagoon cells. The new
piping configuration will be required to enable the City to bypass and isolate individual
cells, allowing operations to continue uninterrupted while completing preventative
maintenance and repairs. The new piping will also improve the flow of the wastewater
within the cells.

In addition to the cell diversion piping, the outfall from the mobile home park, which
currently enters the Lagoons at Cell 2, will need to be realigned to enter the Lagoons above
the screener.

A preliminary design (attached in supporting documents) has been completed for a 750mm
pipe to accommodate the expanded use of the wastewater treatment facility. A new
magnetic flow meter will be required to be installed to measure flow coming into the
wastewater treatment system, and it will be connected to the City’s SCADA system to
provide automated alarms and notifications if the sensor experiences operational conditions
outside of the defined parameters. The pipe size, material and final location will need to be
confirmed during the Design.

C. Lagoon Regrading & Dyke Upgrade (Slope Regrading; Increasing the Lagoon Freeboard;
Armoring)
The City is retaining a consulting firm for the Design and Contract Administration & Field
Inspection Services for the Lagoon Regrading and Dyke Upgrades. This will include regrading
the cell bottoms (if required after sludge removal); regrading the dyke slopes between the
lagoon cells; increasing the freeboard of the dykes to 1.0m; and regrading and armoring the
dyke along Joseph Creek.

A dyke analyses (stability, seepage and settlement) and confirmation of the dyke geometry was
completed; the current dyke:
• Is composed of fills, topsoil, native deposits of fine-grained soils and native deposits of
granular soils;
• The side slopes of the dyke berms are well vegetated with slopes of 1.5 Horizontal : 1
Vertical (1.5H:1V) to 2.5H:1V;
• The dyke along Joseph Creek has slopes of 1.5H:1V with some over-steepened areas;
• The dyke has a design freeboard of 0.6 meters; and
• Erosion protection varies from vegetation to variable rock rip-rap, to concrete pieces
and lock blocks along Joseph Creek.
 Based on the 2018 Geotechnical Engineering Assessment Report, the dyke upgrades will be
required to:
• Conform with the standards given in the Ministry of Water, Land and Air Protection
document entitled “Dike Design and Construction Guide, Best Management Practices
for British Columbia”, dated July 2003, as amended.
• Meet the provisions of the BC Environmental Management Act Permit 4148, as
amended in 2017. This amended permit requires the City to maintain a minimum
freeboard of 1.0 meter in each of the three treatment lagoons. Freeboard is defined as
the difference in elevation between the top of a dyke and the level of the liquid
impounded by the dyke. This value is greater than the lagoon cells’ current maximum
freeboard of 0.6 meters (from the 1962 sewage lagoon design and construction
drawings).

Additional recommendations regarding the dyke upgrade (including dyke fill geometry, fill
gradation, filter gradation, dyke fill placement and compaction, engineered fill and erosion
protection) are included in the 2018 Geotechnical Engineering Assessment Report that will be
provided by the City.

9. INFORMATION PROVIDED BY CITY

(SEE BC BID ATTACHMENTS FOR SOME REFERENCE DOCUMENTS)

The following is a list of deliverables that will be provided to the successful proponent by
the City in order to undertake the Work, assuming all documents can be obtained.

Should additional information, clarification or confirmation of provided information be

necessary to complete the work the Consultant shall notify the City in writing
immediately.

1. Preliminary sketch outlining the scope of the project and the City’s preliminary design
proposal, pipe size and location, etc.

2. Design standards for the project must meet the standards given in:
• Ministry of Environment Permit 4148, dated January 31, 2017;
• Ministry of Water, Land, and Air Protection “Dike Design and Construction Guide:
Best Management Practices for British Columbia”, dated July 2003 (not provided
by City);
• BC Ministry of Environment, Lands and Parks “Riprap Design and Construction
Guide”, dated March 2000 (not provided by City); and
• Master Municipal Construction Documents – General Conditions, Specifications
and Standard Detail Drawings (not provided by City).
The design must be approved by the Province of BC under the Dike Maintenance Act, and
meet the approvals required in Permit 4148, dated January 31, 2017.

3. All permits, authorizations and water licenses.

4. All available reports and relevant records for the facility including, but not limited to,
Geotechnical Dyke Assessments, record drawings for the proposed project limits and
additional relevant infrastructure (see Schedule C).
 5. Shallow utility plans as provided by BC one call Hydro, Gas, Shaw, TELUS, where applicable
(Completed by the City) will also provide BC One Call ticket number. Contractor must do
BC One Call before starting any construction.

6. City will provide topographic survey data for proposed project limits - Data to include
(where applicable) retaining walls, trees, Utility poles/light stands, Hydrants, Water Valves,
Man Holes, Catch basins etc.
a. Excel file with control point data for construction limits
b. .csv File with all points (Northing, Easting, Elevation, Description)
c. Survey field teams onsite notes (Where applicable)
d. Hired survey contractors field code descriptions
e. Manhole Invert measurements with drawing
f. Auto Cad drawing with the City’s legal fabric and points shifted to match.

7. If consultant is missing any information or requires additional records contact the City
immediately for assistance. The consultant is responsible for identifying any missing
information that would be necessary for the completion of the work.

All information will be provided on an as-is basis, and although the City of Cranbrook has
compiled and reviewed the information for general accuracy and correctness, the City of
Cranbrook offers no guarantees that the information or any portion thereof is correct and will
not retain any liability as a result of its use. Any design assumptions using this information must
be checked against all other available data. Assumptions for critical infrastructure elements
where failure or reduced infrastructure capacity would put the City at risk must be clearly
communicated to the City of Cranbrook in each instance to determine where additional
investigation may be required.

PART 1 – DESIGN SERVICES

1. GENERAL REQUIREMENTS

This Section will define general requirements for the delivery of Design Services.

1. The City of Cranbrook requires Design Services that are both effective and efficient in their
delivery, and incorporate energy efficient materials and construction methods into the
design. Where possible, design scopes will be provided by the City, along with all other
available information (Section 9 above), in order for the consultant to immediately
undertake detailed design work. Where design scopes are not defined by the City, the Design
Consultant shall submit a proposed design scope for review by the City prior to proceeding
with the work. The design scope shall include any investigation or information gathering
work that may be required.

2. The Design Services consultant will be responsible for reviewing, understanding and
incorporating all information provided by the City of Cranbrook or made readily available
by visiting and investigating the project site and adjacent areas.

3. The Design Services consultant will not be compensated for any extra or additional work
undertaken as a consequence of errors or omissions due to failure to incorporate any
 information provided by the City of Cranbrook or made readily available by visiting and
investigating the project site and adjacent areas.

4. The Design Services consultant may not incorporate, add, affix or include any disclaimers or
qualifying statements to any drawings or submissions to the City of Cranbrook that would
remove themselves from being professionally responsible for the work that they will
undertake.

5. The City of Cranbrook is the rightful owner of all designs, drawings, surveys, studies,
models, documents and data created for the City for the City’s benefit as a result of any work
undertaken by the proponent for the City.

2. SCOPE OF WORK

This Section will define the tasks and components required for the delivery of Design Services
related to the Project.

1. Provision for Detailed Design Drawings signed and stamped for City Review/Revisions,
then Issued For Tender/Construction. Drawings to include, but not limited to:
a. For water systems must include location and elevation points (Northing, Easting,
Elevation) of tees, bends, valves, hydrants, and tie in points. Drawings must also
indicate locations and quantity of mechanical restraints.
b. Sanitary and Storm Systems location and elevation points (Northing, Easting,
Elevation) of all Manholes and Catch basins, including base elevations, Invert
Elevations and Rim Elevations to tie into new road structures. All Catch basin leads
to have size and grades shown on drawing.
c. Individual details for each Manhole structure, showing lead and main
location, including benching and other applicable structures.
d. Individual details for all major waterman tie-ins clearly showing all
restraints, materials, bends and joint configurations etc.
e. Drawings to clearly show all existing and abandoned utilities within and
bordering limits of the project indicating material type, size and location
(Accurately as possible).
f. Drawings to have all existing site control points shown and clearly labeled
with location and Elevation (Northing, Easting, Elevation).
g. Drawings to clearly label all site-specific notes and instructions, restraining
info, compaction details, bedding detail, corrosion protection (when
specified), contractor required BC One Call etc.
h. Provide design points that can be used for layout and field check purposes
applies to Roads, Curb and Gutter, Sidewalks, Underground mains, services,
and Shallow Utilities.

2. Creation of detailed list of Materials and Quantities

a. List to be provided in form of 8.5 x 11 document for inclusion in future Tender
Documents AND included within the full-sized set of design drawings.
b. Each item must include applicable design standards.
c. Items include, but are not limited to, pipes, valves, restraints, manholes, hydrants,
fittings, luminaires, davit poles/arms, concrete bases, conduit, and any
 appurtenances.
d. Accurate volumes and quantities of all earthworks, concrete, gravels, asphalt and
landscaping requirements (Not required to be in design drawings).
e. Material and volumes to be organized according to MMCD divisions and sections.

3. Upon completion of the final design, or upon request by the City, the Proponent must
provide a copy of all electronic documents pertaining to the project design, including (but
not limited to):
a. Complete and functional AutoCAD file of the approved design including all surface,
terrain, point and alignment data with applicable .ctb and reference files for a fully
functioning document;
b. Provide a functional point file of all design points;
c. PDF and two full size paper copies of the design drawings signed and sealed by a
professional engineer; and
d. Provide digital copies of material lists and quantities.

4. Permits to Construct
a. Must obtain all interior health permits to construct prior to issuing of tender
documents, unless otherwise agreed to by the City.
b. Must obtain all Ministry of Environment permits to construct prior to issuing of
tender documents, unless otherwise agreed to by the City.
c. Must obtain all Ministry of Forests, Lands, Natural Resource Operations & Rural
Development permits to construct prior to issuing of tender documents, unless
otherwise agreed to by the City.

3. PROJECT TEAM

This project is complex and not suited to the use of junior personnel in key positions. The
consultant's Project Manager will be a senior member of the consultant's staff. As part of the
work, he/she will attend the site prior to undertaking the work, and be available to the site as
required.

The Proponent must submit information on the Project Team members and should include
current references and contact information supporting their abilities and experience. The
Proponent must submit references for similar sized projects undertaken by the Project
Manager and Project Engineer/Design Lead.

The Consultant will appoint a Project Team as per the titles, roles, experience and abilities as
specified below. These team members will be directly responsible for their roles and will be
the individuals directly undertaking the majority of their work as it is defined. The Consultant
shall not replace or substitute members of the Project Team without prior approval in writing
from the City. The City will require any replacement or substitute to be of equal experience and
ability to its own satisfaction.

Project Manager – Will be ultimately responsible for the delivery of the Scope of Work for
Part 1, General Requirements, and responsible to manage and supervise all consulting staff
and subconsultants. This person will be the main point of contact for the City for any changes
or submissions related to the Project scope, costs or terms of the Client Consultant Agreement.
 Experience must show a minimum of 10 years and 10 projects of similar size, scope and value.

Project Engineer/Design Lead – Responsible for leading the design process and ensuring all
applicable design criteria is met. Experience must show a minimum of 5 years and 5 projects of
similar size, scope and value, with 2 projects designed under MMCD Standards. Must be a
Professional Engineer in good standing, registered in the Province of British Columbia. Can be
the same person as the Project Manager

Design Support – Responsible for supporting the design delivery through technical skills;
includes drafting and technical support staff. Experience must show a minimum of 5 years and
5 projects of similar size, scope and value.

PART 2 – CONTRACT ADMINISTRATION & FIELD INSPECTION SERVICES

1. GENERAL REQUIREMENTS

This Section will define general requirements for the delivery of Contract Administration and
Field Inspection Services.

1. Contract Administration and Field Inspection Services will encompass all activities from
the creation of the Tender and Contract documents to the Final Inspections and
Deliverables of all items defined in the Scope of Work.

2. The Contract Administration and Field Inspection Services are core elements to the
delivery of the Project. The City expects prompt and frequent communication, detailed
record keeping and thorough reporting of all services provided by the consultant.

3. The City will rely on the Consultant and their staff to represent the City’s best interests
and the best interests of the public when it comes to timely work, cost effective work,
and mitigation of service disruption and public discontent.

2. SCOPE OF WORK

This Section will define the tasks required for the delivery of Contract Administration and Field
Inspection Services related to the Project.

Tender and Contract Preparation

1. Assembly of Tender Documents;
2. Pre-tender meeting, including site visit;
3. Provision of addendums as required;
4. Assembly of Supplementary Conditions required by City of Cranbrook; and
5. Review of Tender compliance and provision of Tender Summary.

Contract Administration and Field Inspection

1. All items required per the definitions of the MMCD Contract Documents;
2. Proponents Project Manager attending site weekly and Contract Administrator
attending site daily to supervise Field Inspector duties;
3. Field Inspector to confirm that all materials meet City of Cranbrook standards prior to
 installation or backfill;
4. Field Inspector onsite during all times of major Construction activities, including
installation and backfill of water, sanitary sewer and storm sewer infrastructure;
5. Daily completion of Inspection Reports (template provided by City in Appendix “A”);
6. Daily site Construction Photos that are date and time stamped with reference to location
and subject of photograph. Must include all fittings, manholes, catch basins, tie ins, and
lot services prior to bedding and backfill;
7. Attendance of weekly project meetings held with Contract Administrator, Field
Inspector, City Staff and Contractor Superintendent;
8. Submission of daily Inspection Reports and Construction Photos on a weekly basis at
least 24 hours prior to weekly meeting;
9. Provision of Progress Payment Certificates with monthly review between Contract
Administrator and City of Cranbrook; and
10. Provision of Record Drawings within 90 days of Substantial Completion.

3. PROJECT TEAM

This project is complex and not suited to the use of junior personnel in key positions. The
consultant's Project Manager will be an experienced member of the consultant's staff. As part of
the work, he/she will attend the site prior to undertaking the work, and be available to the site as
required.

The Proponent must submit information on the Project Team members and should include
current references and contact information supporting their abilities and experience. The
Proponent must submit references for similar sized projects undertaken by the Project Manager
and Contract Administrator.

The Consultant will appoint a Project Team as per the titles, roles, experience and abilities as
specified below. These team members will be directly responsible for their roles and will be the
individuals directly undertaking the majority of their work as it is defined. The Consultant shall
not replace or substitute members of the Project Team without prior approval in writing from
the City. The City will require any replacement or substitute to be of equal experience and ability
to its own satisfaction.

Project Manager - Will be ultimately responsible for the delivery of the Scope of Work for Part
2, General Requirements and responsible to manage and supervise all consulting staff and
subconsultants. This person will be the main point of contact for the City for any changes or
submissions related to the Project scope, costs or terms of the Client Consultant Agreement.
Experience must show a minimum of 10 years and 10 projects of similar size, scope and value.

Contract Administrator – Responsible for Administration of the Contract as per the MMCD,
Provincial, and City of Cranbrook Requirements. Will be on site as required to ensure
performance of the Contract and adequacy of Field Inspection Services. Responsible to attend
weekly project meetings and ensure Field Inspection Reports and site photos are submitted as
required. Must demonstrate experience with a minimum of 5 years with 5 projects of similar
size, scope and value for Contract Administration, with minimum 3 projects as MMCD Contract
Administrator. Can be the same person as the Project Manager.
 Field Inspection– Responsible for providing Field Inspection services as Defined in the Scope of
Work. Responsible to attend the site and diligently and thoroughly document and record
construction activities while ensuring construction materials, methods and installation meet all
applicable requirements. Responsible for filling out daily Field Inspection Reports and taking site
photos that are date and time stamped with reference to location and subject of photograph.

Geotechnical Engineer (Non-Mandatory) – The City of Cranbrook, at its own discretion, may
use the services of a Geotechnical Engineer to provide consultation and practical
recommendations for construction methods and materials when encountering varying soil types
and conditions. Must demonstrate experience with a minimum of 5 years with 5 projects of
similar size, scope and value for Geotechnical Engineering consultation.

FEES – PART 1 & PART 2

Fees for the combined Part 1 and Part 2 of each project must not exceed 12% of the final
construction Contract Value, including Extra Work.

Prior to the Tendering of any project the proponent must provide an updated fee estimate for
the remainder of the consulting services work, showing the estimated allocation of field
inspection, contract administration and project close out fees.

Proponent must submit unit rates for fees and disbursements in their Proposal that includes all
services and project team members required in the RFP.
 SCHEDULE A
CERTIFICATION DOCUMENT

Certification:

We have carefully read and examined the RFP document and have conducted such other
investigations as were prudent and reasonable in preparing this Proposal.

We certify that the statements made in this proposal are true and complete. These statements
represent our proposal to the Corporation of the City of Cranbrook. We agree to be bound by
statements and representations made in this proposal.

Print Company Name and Address:

Print Name and Title of Authorized Signing Officers:

Signature of Authorized Signing Officer:

Telephone Number: Fax Number:
E-mail address:

Acknowledgement of Addenda

We acknowledge receipt of the following addenda which become part of this RFP:

ADDENDUM
ADDENDUM
ADDENDUM

Signed this day of , 2020

 SCHEDULE B
CONSULTING SERVICES SCORE CARD
PART 1 – DESIGN SERVICES

1. Understanding Design Standards & Infrastructure Priorities – How well has the proponent
demonstrated that they understand Design Standards and Infrastructure Priorities in the City?

10 9 8 7 6 5 4 3 2 1

Excellent
Poor or Vague
understanding and
understanding of
practical insight in to
current standards
current standards
and priorities
and priorities

2. Project Comprehension – How well has the proponent demonstrated that they the understand
the purpose, objectives, tasks, risks and benefits related to the Design Services of the Projects
identified in the RFP?

10 9 8 7 6 5 4 3 2 1

Detailed
Poor or Vague
understanding of
understanding of
Project purpose
Project purpose. No
with specific tasks,
specific tasks, risks
risks and solutions
or solutions
identified
identified

3. Proponent Experience – What similar and relevant amount of experience does the proponent
and their team members have to deliver the Design Services for this Project?

10 9 8 7 6 5 4 3 2 1

Excellent Team with Key team

members having members are
significant lacking in
experience experience
undertaking similar undertaking
projects. similar projects.
4. Record of Communication and Teamwork - Do they have a positive record of client
satisfaction regarding internal and external communications and deliverables with strong
teamwork demonstrated for the delivery of Contract Administration and Field Inspection
Services for similar Projects?

10 9 8 7 6 5 4 3 2 1

Exceptional client Poor client satisfaction.

satisfaction. Record of
Strong communication
communication and teamwork
and teamwork deficiencies
demonstrated

Total Score Part 1

40

Proposal Submitted by: ________________________________

Proposal Reviewed by: ________________________________

 SCHEDULE B
CONSULTING SERVICES SCORE CARD
PART 2 – CONTRACT ADMINISTRATION
& FIELD INSPECTION SERVICES

1. Understanding Construction Standards & Inspection Priorities - How well has the
proponent demonstrated that they understand Construction Standards and Inspection
Priorities in the City?

10 9 8 7 6 5 4 3 2 1
Excellent
Poor or Vague
understanding and
understanding of
practical insight in to
current standards
current standards
and inspection
and inspection
priorities
priorities

2. Project Comprehension - How well has the proponent demonstrated that they understand the
logistical, public service and safety related risks and priorities related to the specific Projects
identified in the RFP?

10 9 8 7 6 5 4 3 2 1
Poor or Vague
Detailed understanding understanding of
of Project specific tasks Project tasks and
and risks with effective risks with no
solutions identified solutions identified

3. Proponent Experience - What similar and relevant amount of experience does the proponent
and their team members have to deliver the Contract Administration and Field Inspection
Services for this Project?

10 9 8 7 6 5 4 3 2 1

Excellent Team with Key team members

members having are lacking in
significant experience experience
undertaking similar undertaking similar
projects. projects.
4. Record of Communication and Teamwork - Do they have a positive record of client
satisfaction regarding internal and external communications and deliverables with strong
teamwork demonstrated for the delivery of Contract Administration and Field Inspection
Services for similar Projects?

10 9 8 7 6 5 4 3 2 1

Exceptional client Poor client satisfaction.

satisfaction. Record of
Strong communication
communication and teamwork
and teamwork deficiencies
demonstrated

Total Score Part 2

40

Proposal Submitted by: ________________________________

Proposal Reviewed by: ________________________________

 SCHEDULE C
REFERENCE DOCUMENTS
1. AECOM. 2017. Cranbrook Wastewater Lagoons Aeration System Energy Feasibility Study.
Prepared for the City of Cranbrook.
2. AECOM. 2014. City of Cranbrook Technical Assessment Report. Report prepared for City of
Cranbrook.
3. AECOM. 2010. City of Cranbrook WWTP Sludge Removal Plan and Budget for Existing Aerated
Lagoons. Prepared for the City of Cranbrook.
4. AECOM. 2010. City of Cranbrook Wastewater Treatment and Disposal Systems Improvements
Project Definition Report. Prepared for the City of Cranbrook.
5. AECOM. 2010. City of Cranbrook Wastewater Treatment and Disposal Systems Improvements.
Screening Building and Blower/MCC Building(s) Geotechnical Investigation Report.
6. BC MoE (BC Ministry of Environment). 2017a. The Corporation of the City of Cranbrook,
authorization to discharge municipal effluent to the ground and reclaimed water via spray
irrigation to the land Environmental Management Act Permit No. PE-4148 (amendment to BC
MoE 1975).
7. BC MoE. 1975. City of Cranbrook municipal sewage collection and treatment plant system
Waste Management Act permit. Permit No. PE-4148.
8. City of Cranbrook. 2019. Preliminary Design.
9. City of Cranbrook. 2019. Wastewater Lagoons & Influent Trunkmain Upgrade Project.
10. EBA Engineering Consultants. 2010. City of Cranbrook Dyke Assessment. Report prepared for
City of Cranbrook.
11. Highway Technical Engineering Services Ltd. 2011. Quality Control Test Results. City of
Cranbrook. Sewage Lagoon.
12. Lotic Environmental Ltd. 2019. City of Cranbrook Wastewater Treatment and Disposal System –
2018 Annual Report. Report prepared for City of Cranbrook.
13. McDougall. 2011. City of Cranbrook Effluent Irrigation Lands OMRR Biosolids Land Application
Plan 2011-2013.
14. McDougall. 2014. Effluent Irrigation Plan. Report prepared for City of Cranbrook.
15. McDougall. 2019. Effluent Irrigation Plan V. 4. Report prepared for City of Cranbrook.
16. McElhanney Consulting Services Ltd. 2017. City of Cranbrook Sewage Lagoon Preliminary
Geotechnical Dyke Assessment. Report prepared for City of Cranbrook.
17. McElhanney Consulting Services Ltd. 2019. City of Cranbrook Flood Risk Assessment. Report
prepared for City of Cranbrook.
18. McPherson, S. 2018. City of Cranbrook wastewater treatment and disposal system monitoring
plan (Version 2). Prepared for the City of Cranbrook by Lotic Environmental Ltd.
19. O’Shannassy Environmental. Joseph Creek Bank Erosion Protection Along Sewage Lagoon Berms.
20. Stantec Consulting Ltd. 2002. City of Cranbrook Sanitary Collection and Treatment System
Evaluation. Prepared for City of Cranbrook.
21. Stantec Consulting Ltd. 2010. City of Cranbrook Growth Management Study Volume 3:
Wastewater Collection & Treatment Planning. Prepared for City of Cranbrook.
22. Urban Systems. 2016. Integrated Infrastructure Capital Plan (IICP). Prioritized Sanitary Capital
Plan. Report prepared for City of Cranbrook.
23. WSP. 2018. Cranbrook Sewage Lagoon Assessment. Geotechnical Engineering Assessment Report.
Report prepared for City of Cranbrook.
24. As Builts
25. Legal Plan.
 SCHEDULE D
CONSULTING SERVICES AGREEMENT
Consulting Services Agreement - V 2240.65
Waste Water Lagoons
Dated the day , 2020

BETWEEN:
CITY OF CRANBROOK
CITY HALL
40‐10th AVENUE SOUTH
CRANBROOK, BC V1C 2M8
(The “City")

AND:
Company
Address
Address

(The "Consultant")

WHEREAS the City wishes to engage the Consultant to provide services in connection
with the professional services for the engineering design, consulting and management
of the City’s Waste Water Lagoons.

NOW THEREFORE the City and the Consultant agree as follows:

1.0 DEFINITIONS, SCHEDULES AND REFERENCE DOCUMENTS

1.1 ln this Agreement:

(a) "Commencement Date" means , 2020 or such other date as

the parties may agree in writing;
(b) "Dispute" means any dispute, claim, or controversy Agreement or related
to this Agreement;
(c) "Fees" means the amounts payable for the Services by the City to the
Consultant under section 3.0;
(d) "lndemnified Parties" means the City and all of its elected and appointed
officials, officers, employees, servants, representatives and agents;
(e) "Services" means the responsibilities and duties defined in the reference
documents in section 1.3, including Request for Proposal and Submitted
Proposal, as well as anything and everything required to be done by the
Consultant to fulfill and complete this Agreement;
(f) "Term" means the period of time commencing on the
Commencement Date and ending on December 31, 2022, subject to the
earlier termination or any extension under this Agreement.

Page 1
Consulting Services Agreement - V 2240.65
Waste Water Lagoons

1.2 The following attached Schedule is a part of this Agreement:

Schedule 1 – Unit Rates from Submitted Proposal

1.3 The following reference documents form part of this Agreement:

1. Response to Request for Proposal submitted by XXXXX

2. Request for Proposal Consulting Services Waste Water Lagoons

, 2020.

2.0 SERVICES
2.1 The City hereby retains the Consultant, as an independent professional
engineering consulting company to provide the Services during the Term on the
terms and manner set out in this Agreement and the Consultant hereby accepts
agrees to provide the Services.

3.0 CONTRACT PRICE AND PAYMENT

3.1 In return for the satisfactory performance of the Services, the City will pay the
Consultant fees not to exceed 12% of the final construction contract value, unless
otherwise agreed to in writing.

3.2 Payment by the City for the services will be based on monthly invoices submitted
by the Consultant in the form of total cost of Labour, Equipment and Materials
expended that month as set out in the Unit Rates in Schedule 1.

3.3 Payment for Services shall be made within 30 days of receipt of a satisfactory
invoice that adheres to the requirements of this agreement.

4.0 ADDITIONAL WORK

4.1 The Consultant will, if requested in writing by the City, perform work that is in
addition to the Fees if additional budget is available or special circumstances arise.
4.2 Any Additional Work must be requested by the City in writing in advance. The City
will pay for such Additional Work in accordance with the unit rate(s) set out in
Schedule 1 to this Agreement.
4.3 Except as set out in this Section 5.0, the terms of this Agreement will apply to any
Additional Work.
4.4 Payment for Additional Work shall be made within 30 days of receipt of a
satisfactory invoice that adheres to the requirements of this agreement.

Page 2
Consulting Services Agreement - V 2240.65
Waste Water Lagoons

5.0 MATERIALS AND SUPPLIES

5.1 The Consultant must provide, at its own expense, the vehicles, tools and
equipment necessary (including all parts, materials, fuel and lubricants for such
vehicles and equipment) to provide the Services efficiently.
5.2 The Consultant is responsible paying for:
(a) any wages, benefits, statutory deductions and other costs payable to its
employees and independent contractors;
(b) office supplies and materials; and
(c) travel expenses.

6.0 STAFF AND METHODS

6.1 The Consultant shall perform the services under this agreement with that degree,
skill and diligence normally provided in the performance of such services as
completed by the agreement at the time such services are rendered and as
required by the Engineers and Geoscientists Act (R.S.B.C 1996, c. 116 as it may
from time to time be amended). The Consultant shall employ only competent
staff who will be under the supervision of a senior member of the Consultant’s
Staff and either be a member in good standing or under the direct supervision of
a member in good standing with Engineers and Geoscientists British Columbia.

6.2 The Consultant represents that it has the expertise, qualifications, resources and
relevant experience to provide the Services and will abide by any standards set
out in applicable standards and legislation.

7.0 DRAWINGS AND DOCUMENTS

7.1 Subject to section 1.0, drawings and documents or copies thereof required for
the Services shall be exchanged between the parties on a reciprocal basis.
Documents prepared by the Consultant for the City, including record drawings,
may be used by the City, for the Services herein described. In accordance with
section 13.0, the City indemnifies the Consultant for unauthorized use of the
documents and deliverables.

8.0 INTELLECTUAL PROPERTY

8.1 All concepts, products or processes produced by or resulting from the Services
rendered by the Consultant in connection with the Services, or which are otherwise
developed or first reduced to practise by the Consultant in the performance of
their Services, and which are patentable, capable of trademark or otherwise,
shall be considered as Intellectual Property and remain the property of the
Consultant.

8.2 The City shall have permanent non-exclusive royalty-free license to use any
concept, product or process, which is patentable, capable of trademark or
otherwise produced by or resulting from the Services rendered by the Consultant
in connection with the Services and for no other purpose or product.

Page 3
Consulting Services Agreement - V 2240.65
Waste Water Lagoons
9.0 PUBLICATION
9.1 The Consultant agrees to obtain consent in writing of the City before publishing or
issuing information regarding the Services.

10.0 LIMITED AUTHORITY

10.1 The Contractor is an independent consultant, not an agent or employee of the
City and this Agreement does not create a partnership or a joint venture between
the Consultant and the City.
10.2 The Consultant does not have authority to enter into any contract or reach any
agreement on behalf of the City, except for the limited purposes as may be
expressly set out in this Agreement. The Consultant will make such lack of
authority clear to all persons with whom the Consultant deals in the course of
providing the Services. Every vehicle used by the Consultant in the course of
performing the services must identify the Consultant by name and telephone
number.
10.3 The Consultant is primarily responsible for performance of the Services and may
not delegate or assign any Services to any other person except as may be agreed
by the City in writing.
10.4 The Consultant will determine the number of days and hours of work required to
properly and completely perform the Services.

11.0 RECORDS AND INFORMATION

11.1 During the Term and for a period of ten years after the end of the Term, the
Consultant must keep proper books of account and records arising from its
provision of the Services. The City, its agents, solicitors or auditors may, at any
time during regular business hours, inspect and review copies of the books of
account, records, source documents, reports, computerized records, contracts,
subcontracts and other documents of the Consultant relating to the Services.
11.2 ln addition to providing hard copies of the information, reports and data required
as part of the Services, the Consultant must also provide them in electronic form
compatible to be loaded by or on behalf of the City into .PDF, Microsoft Word and
Excel.

12.0 CITY RESPONSIBILITIES

12.1 The City will, in co-operation with the Consultant, make efforts to make available
to the Consultant information, surveys, reports or historical data the City has in its
possession or control that relate to the Services. The Consultant will review any
such material upon which the Consultant intends to rely and take reasonable steps
to determine if the information is complete and accurate.
The Consultant will assume all risks that the information is complete and accurate
and the Consultant will advise the City in writing if in the Consultant's judgment the
information is deficient or unreliable and undertake such new surveys and
investigations as may be necessary with written permission from the City.

Page 4
Consulting Services Agreement - V 2240.65
Waste Water Lagoons
12.2 The City will, in a timely manner:
(a) make all decisions required;
(b) examine documents submitted; and
(c) respond to all requests for approval
by the Consultant pursuant to this Agreement.
12.3 lf the City observes or otherwise becomes aware of any fault or defect in the
Services, it may notify the Consultant, but nothing in this Agreement will be
interpreted as giving the City the obligation to inspect or review the Consultant's
performance of the Services.

13.0 INDEMNIFICATION
13.1 The Consultant will indemnify and save harmless the lndemnified Parties from and
against any and all claims, demands, causes of action, suits, losses, damages and
costs, liabilities, expenses and judgments (including all actual legal costs) for
damage, destruction or loss of property, including loss of use, and injury to or death
of any person or persons which any of the lndemnified Parties may incur, suffer or
be put to as a result of or in connection with the Services, any obligation under this
Agreement or any wrongful or negligent act or omission of the Consultant.
13.2 The indemnity described in this section will survive the Term and continue in full
force and effect for the benefit of the lndemnified Parties.

14.0 INSURANCE
14.1 The Consultant will, without limiting its obligations or liabilities and at its own
expense, provide and maintain throughout the Term the following insurance in
forms and amounts acceptable to the City from insurers licensed to conduct
business in Canada:
(a) The Consultant shall provide and maintain liability insurance in respect of
owned licensed vehicles subject to limits of not less than TWO MILLION
DOLLARS ($2,000,000) inclusive per occurrence. The Automobile Liability
Insurance shall be maintained continuously until the work is completed.
Upon request, the Consultant shall promptly provide the City with a certified
copy.
(b) Commercial General Liability Insurance acceptable to the City and subject
to the limits of not less than FIVE MILLION DOLLARS ($5,000,000)
inclusive per occurrence for bodily injury, death and damage to property
including the loss of use thereof. The City shall be named as an Additional
Insured and the policy shall also cover as unnamed insured all
Subcontractors and anyone employed directly or indirectly by the
Consultant or his Subcontractors.
(c) Professional Liability Insurance shall be in the amount of not less than
FIVE MILLION DOLLARS ($5,000,000) per claim and in the
aggregate.

Page 5
Consulting Services Agreement - V 2240.65
Waste Water Lagoons
The policies shall provide that no material change, termination or cancellation
shall be effective without thirty (30) days prior written notice to the City by the
insurance company(ies) or authorized representative. All such insurance shall be
with Insurers satisfactory to the City. In addition to providing Certificates of
Insurance, the Consultant shall furnish certified copies of the insurance
policy(ies) to the City at their request.

14.2 The Consultant acknowledges that any requirements by the City as to the amount
of coverage under any policy of insurance will not constitute a representation by
the City that the amount required is adequate and the Consultant acknowledges
and agrees that the Consultant is solely responsible for obtaining and maintaining
policies of insurance in adequate amounts. The insurance policy coverage limits
must not be construed as relieving the Consultant from responsibility for any
amounts which may exceed these limits, for which the Consultant may be legally
liable.
14.3 The Consultant must place and maintain, or cause any of its sub-contractors to
place and maintain, such other insurance or amendments to the foregoing policies
as the City may reasonably direct.
14.4 The Consultant hereby waives all rights of recourse against the City for loss or
damage to the Consultant's property arising from or in connection with the
performance of the Services.

15.0 OCCUPATIONAL HEALTH AND SAFETY AND WORKERS' COMPENSATION

BOARD (WCB)

15.1 The Consultant must, at its own expense, procure and carry full Workers'
Compensation Board coverage for itself and all workers, employees, servants
and others hired by the Contractor or otherwise engaged in the performance of
the Services. With respect to the Services, if the Consultant fails to pay any
Workers' Compensation Board premiums, assessments or penalties then the City
will have the right to withhold payment of the Fees under this Agreement unless
and until the Workers' Compensation Board premiums, assessments or penalties
have been paid in full.
15.2 The Consultant agrees that it is the prime contractor for the Services for the
purposes of the Workers Compensation Act. The Consultant will have a safety
program in place that meets the requirements of the workers' compensation
Board Occupational Health and Safety Regulation and the Workers
Compensation Act. As prime contractor, the Consultant is responsible for
appointing a qualified coordinator for ensuring the health and safety activities for
the location of the Services. This requirement does not apply when a prime
contractor has otherwise been designated through a construction contract.
15.3 The Consultant will provide the City with the Consultant's Workers' Compensation
Board registration number and a letter from the Worker's Compensation Board
confirming that the Consultant is registered in good standing with the Workers'
Compensation Board. The Consultant must maintain good standing throughout
the Term.
15.4 The Consultant will ensure compliance with and conform to all occupational health
and safety laws, rules, codes and regulations including, but not limited to, the
workers compensation Act and attendant regulations by anyone engaged in the
Page 6
Consulting Services Agreement - V 2240.65
Waste Water Lagoons
performance of the services including any subcontractors, workers and material
men.
15.5 Without limiting the generality of any other indemnities granted by the Consultant
in this Agreement, the Consultant will indemnify and save harmless the
lndemnified Parties from and against all claims, demands, causes of action, suits,
losses, damages, costs, liabilities, expenses, judgments, penalties and
proceedings (including all actual legal costs) which any of the lndemnified
Parties may incur, suffer or are put to arising out of or in any way related to unpaid
Workers' Compensation Board assessments owing from any person or
corporation engaged in the performance of this Agreement or arising out of or in
any way related to the failure to observe safety rules, regulations and practices of
the Workers' Compensation Board, including penalties levied by the Workers'
Compensation Board.

16.0 AGREEMENT RENEWAL

16.1 Prior to the end of the Term, this Agreement may be renewed for a maximum of
one (1) year with the same Conditions.

17.0 TERMINATION WITHOUT CAUSE

17.1 The City may at any time and for any reason by thirty (30) days written notice to
the Consultant terminate this Agreement before the completion of all the Services,
such notice to be determined by the City at its sole discretion. Despite any other
provision of this Agreement, if the City terminates this Agreement before end of
the Term, the City will pay to the Consultant any amounts owing under this
Agreement for Services provided by the Consultant up to and including the date of
termination, plus reasonable termination costs in an amount to be determined by
the City in its sole discretion, acting reasonably. Upon payment of such amounts
no other or additional payment will be owed by the City to the Consultant and, for
certainty, no amount will be owing on account of lost profits relating to any portion
of the Services not performed or other profit opportunities.

18.0 TERMINATION FOR CAUSE

18.1 The City may terminate this Agreement for cause as follows:
(a) lf the Consultant becomes insolvent, commits an act of bankruptcy, makes
an assignment for the benefit of its creditors, is adjudged bankrupt,
otherwise acknowledges its insolvency, or if a receiver is appointed by or
on behalf of a creditor or a bankruptcy petition is filed or presented against
the Consultant, the City may, without prejudice to any other right or remedy
the City may have, terminate this Agreement by giving the Consultant or
receiver or trustee in bankruptcy written notice; or
(b) lf the Consultant is in breach of any term or condition of this Agreement,
and such breach is not remedied to the reasonable satisfaction of the City
within 5 days after delivery of written notice from the City to the Consultant,
then the City may, without prejudice to any other right or remedy the City
may have, terminate this Agreement by giving the Consultant further written
notice.

Page 7
Consulting Services Agreement - V 2240.65
Waste Water Lagoons
18.2 lf the City terminates this Agreement as provided by this section, then the City
may:
(a) enter into contracts, as it in its sole discretion sees fit, with other persons
to complete the Services;
(b) withhold payment of any Fees owing to the Consultant under this
Agreement for the performance of the Services;
(c) set-off the total cost of completing the Services incurred by the City against
any Fees owing to the Consultant under this Agreement and, at the
completion of the Services, pay to the Consultant any balance remaining,
and
(d) if the total cost to complete the Services exceeds the amount owing to the
Consultant, charge the Consultant the balance, which amount the
Consultant will forthwith pay.

19.0 RIGHT TO REMEDY DEFAULT

19.1 lf the Consultant is in default of any of its obligations under this Agreement, then
the City may without terminating this Agreement, upon 5 days written notice to
the Consultant, remedy the default and set-off all costs and expenses of such
remedy against any Fees owing to the Consultant. Nothing in this Agreement will
be interpreted or construed to mean that the City has any duty or obligation to
remedy any default of the Consultant.

20.0 APPLICABLE LAWS, CODES AND REGULATIONS

20.1 This Agreement will be governed by and construed in accordance with the laws of
the Province of British Columbia. The City and the Consultant accept the
jurisdiction of the courts of British Columbia and agree that any action under this
Agreement be brought in such courts.
20.2 The Consultant will provide the Services in full compliance with all applicable laws,
codes and regulations.

21.0 CONFIDENTIALITY AND FREEDOM OF INFORMATION

21.1 The Consultant will treat any information supplied or obtained as a result of the
performance of the Services and this Agreement as confidential and will not,
without the prior written consent of the City, publish, release, disclose or permit the
disclosure of any such information to any other person or corporation except as
reasonably required to perform the Services or except as may be required by law.
21.2 Without limiting other obligations under the Freedom of Information and Protection
of Privacy Act and any other enactments that may apply to the City or the
Consultant or to both, and despite any promises or commitment by the City to
preserving the confidentiality of information to the extent permitted by
law, the Consultant acknowledges that any information provided to the City in
relation to the Project, or that is created, produced, negotiated or
otherwise comes within the City’s custody or under its control pursuant to the

Page 8
Consulting Services Agreement - V 2240.65
Waste Water Lagoons
Project, may be subject to a legal requirement to disclose the information
pursuant to a request for access under that Act.

22.0 USE OF WORK PRODUCT

22.1 The Consultant hereby sells, assigns and transfers to the City the right, title and
interest required for the City to use and receive the benefit of all the reports,
drawings, plans, designs, models, specifications, computer software, concepts,
products, designs or processes or other such work product produced by or
resulting from the Services rendered by the Consultant.
22.2 The Consultant may retain copies of the work product.

23.0 DISPUTE RESOLUTION

23.1 The parties will make reasonable efforts to resolve any Dispute using the dispute
resolution procedures set out in this section.
23.2 The parties will make reasonable efforts to resolve any Dispute by amicable
negotiations and will provide frank, candid and timely disclosure of all relevant
facts, information and documents to facilitate negotiations.
23.3 lf all or any portion of a Dispute cannot be resolved by good faith negotiations
within thirty (30) days, either party may by notice to the other party refer the matter
to mediation. Within 7 days of delivery of such notice, the parties will mutually
appoint a mediator. lf the parties fail to agree on the appointment of the mediator,
then either party may apply to the British Columbia international Commercial
Arbitration Centre for appointment of a mediator. The parties will continue to
negotiate in good faith to resolve the Dispute with the assistance of the mediator.
The place of mediation will be Cranbrook, British Columbia. Each party will equally
bear the costs of the mediator and other out-of-pocket costs, and each party will
bear its own costs of participating in the mediation.
23.4 lf within ninety (90) days of the request for mediation the Dispute is not settled, or
if the mediator advises that there is no reasonable possibility of the parties
reaching a negotiated resolution, then either party may without further notice
commence litigation.

24.0 JURISDICTION AND COUNCIL

24.1 Nothing in this Agreement limits or abrogates, or will be deemed to limit or
abrogate, the jurisdiction of the Council of the City in the exercise of its powers,
rights or obligations under any public or private statute, regulation or by-law or
other enactment.

25.0 CONTRACTING FOR CONSTRUCTION

25.1 Neither the Consultant nor any person, firm or corporation associated or affiliated
with or subsidiary to the Consultant shall tender for the construction of the Services
or have an interest either directly or indirectly in the construction of the Services

Page 9
Consulting Services Agreement - V 2240.65
Waste Water Lagoons
26.0 ASSIGNMENT AND CONSENTS
26.1 The City or the Consultant shall not assign this Agreement, in whole or in part, to
a third party, without the prior written consent of the other, which consent shall not
be unreasonably withheld.
26.2 In the event of an assignment, the terms and provisions of this Agreement shall be
read as if the name of the assignee were substituted for the name for the assignor.
26.3 The assigning party shall obtain a separate agreement (an “Accession
Agreement”) from the assignee acknowledging and acceding to the terms of this
Agreement and agreeing to be bound by the same, as if they were the assignor,
as a condition of the assignment and as a condition of the approval of the City or
the Consultant; and an original copy of the Accession Agreement shall be provided
by the assignor to the other party to this Agreement before such assignment shall
take effect.

27.0 NOTICES
27.1 Any notice, report or other document that either party may be required or may
wish to give to the other must be in writing, unless otherwise provided for, and will
be deemed to be validly given to and received by the addressee, if delivered
personally, on the date of such personal delivery, if delivered by email, on
transmission, or if by mail, five calendar days after posting. The addresses for
delivery are as follows:
(a) To the City:

CITY OF CRANBROOK
City Hall 40 -10th Avenue South
Cranbrook, BC V1C 2MB
Email: [email protected]
Attention: Curtis Penson, P.Eng., Manager of Engineering and Field
Services

(b) The Consultant:

Company
Address
Address
Email:
Attention:

28.0 INTERPRETATION
28.1 Time is of the essence with respect to the provision of the Services.
28.2 This Agreement, including the Schedules and any other documents expressly
referred to in this Agreement as being a part of this Agreement, contains the entire
agreement of the parties regarding the provision of the Services and no
understandings or agreements, oral or otherwise, exist between the parties except
as expressly set out in this Agreement. This Agreement supersedes and cancels
all previous agreements between the parties relating to the provision of the
Services.

Page 10
Consulting Services Agreement - V 2240.65
Waste Water Lagoons
28.3 ln the event that the Consultant issues an invoice, packing slip, sales receipt, or
any like document to the City, the City accepts the document on the express
condition that any terms and conditions in it which constitute terms and conditions
which are in addition to or which establish conflicting terms and conditions to those
set out in this Agreement are expressly rejected by the City.
28.4 The Consultants obligations to perform the Services in a professional and proper
manner will survive the termination or completion of this Agreement.
28.5 The City's remedies under this Agreement are cumulative and in addition to any
right or remedy which may be available to the City at law or in equity.
28.6 lf any provision of this Agreement is invalid or unenforceable, it will be severed
from the Agreement and will not affect the enforceability or validity of the remaining
provisions of the Agreement.
28.7 The headings in this Agreement are inserted for convenience of reference only
and will not form part of nor affect the interpretation of this Agreement.
28.8 Wherever the singular, plural, masculine, feminine or neuter is used in this
Agreement the same will be construed as meaning the singular, plural, masculine,
feminine, neuter or body corporate where the context so requires.
28.9 No waiver by either party of any breach by the other party of any of its covenants,
obligations and agreements will be a waiver of any subsequent breach or of any
other covenant, obligation or agreement, nor will any forbearance to seek a remedy
for any breach be a waiver of any rights and remedies with respect to such or any
subsequent breach.
28.10 This Agreement:
(a) may be amended only by agreement in writing, signed by both parties;
(b) may be executed in or one or more counterparts all of which when taken
together will constitute one and the same agreement, and one or more of
the counterparts may be delivered by fax transmission, and
(c) will enure to the benefit of and be binding upon the respective successors
and permitted assigns of the City and the Consultant.

Page 11
Consulting Services Agreement - V 2240.65
Waste Water Lagoons
lN WITNESS WHEREOF the parties have duly executed this Agreement as of the day and year
first above written.

CITY OF CRANBROOK CITY OF CRANBROOK

by its authorized signatories: by its authorized signatories:

Per: Per:

Name: Name:

Title: Title:

CONSULTANT by its authorized signatories:

Per:

Name:

Title:

City of Cranbrook

Approved Date Sig.

Municipal Legal
Clerk & Form

Department Content
Head

Page 12
Consulting Services Agreement - V 2240.65
Waste Water Lagoons

SCHEDULE 1
FEES AND UNIT RATES FROM SUBMITTED PROPOSAL
 APPENDIX A
INSPECTION REPORT TEMPLATE
 City of Cranbrook Capital Works Inspection Sheet

Contract No. Date:

File #: Time In: Time Out:
Project Engineer: Inspector
General Contractor: Weather:
Contractors Site Supervisor: Temperature:

Location Of Work: (Include Stations and Addresses)

Works Inspected: (Photo documentation of each item is required)

Issues and Concerns: (If issues or concerns arise owner must be notified immediately)(Including Public Relations)

Page 1 of 2
Observations of Inspected Works: (Document contractors construction method of inspected works)

Changes to Contract Drawings: (note any field changes to the design)

Additional Sheets Used: Yes / No Field Memo Issued: Yes / No

(If additional sheets are used they must be attached to this document and numbered) (If yes field memo must be attached to this sheet)

Number of Additonal Sheets Attached: Field Memo Number:

Photos Taken: Yes / No

(Attach Photos to Document)

Inspectors Signature
City of Cranbrook Contacts:
Mike Matejka Office:250-489-0250 Cell:250-426-9621 Email: [email protected]
Curtis Mummery Office:250-489-0239 Cell:250-919-8455 Email: [email protected]
Curtis Penson Office:250-489-0237 Cell:250-919-8560 Email: [email protected]

Page 2 of 2